BANGOR — A prosecutor told jurors Tuesday in the triple murder trial of Nicholas Sexton and Randall Daluz that they did not need to know exactly when or how the victims died the night of Aug. 12, 2012, to find Sexton and Daluz guilty of murder and arson.

“You don’t have to be unanimous in your theories [of how the crime was committed],” Assistant Attorney General Lisa Marchese said in her closing argument. “You must be unanimous in your verdict.”

Sexton, 33, of Warwick, Rhode Island, and Daluz, 36, of Brockton, Massachusetts, known by the nickname “Ricky” or “Money,” have been charged with three counts of murder and one count of arson in connection with the deaths. Investigators have described the slayings as a drug deal gone bad. Sexton and Daluz have pleaded not guilty.

The charred bodies of Nicolle A. Lugdon, 24, of Eddington, Daniel T. Borders, 26, of Hermon and Lucas A. Tuscano, 28, of Bradford were found in a burning rental car on Aug. 13, 2012, at 22 Target Industrial Circle in Bangor.

Marchese began her closing about 11 a.m., after Daluz said that he would not testify. Sexton took the stand Monday and said Daluz pulled the trigger to shoot the three victims and forced him to torch the car.

With the jury out of the courtroom, he criticized the decision that he and Sexton be tried together instead of separately.

He called Sexton’s decision to testify “an act of desperation.”

“If I testify, it will look like an act of desperation,” Daluz said.

Marchese said that phone records proved the defendants and the victims were together after 11 p.m. Aug. 12, 2012. The prosecutor told the jury that Sexton and Daluz had been seen with the guns linked to the bullets taken from the bodies of two victims. Marchese also said there had been testimony that Sexton was unhappy that Borders and Lugdon were using a new supplier.

“The state can’t prove who shot who when,” she said. “That’s because the fire worked. It destroyed clues that would have answered those questions.”

Marchese also said that Sexton’s testimony wasn’t credible.

Sexton testified Monday that Daluz killed all three victims. Sexton said that his co-defendant killed Borders accidentally, then shot Tuscano while they were driving north on Interstate 95.

Because they were low on gas, Daluz told Sexton to drive to a friend’s home in Dedham where they knew there was fuel in cans in a garage. Sexton told the jury that is when Daluz shot Lugdon with the .32 caliber derringer while holding a gun on him. After putting some gas in the car, they drove with the three bodies and a gas can back to Bangor, where, Sexton said, he set the car on fire.

The fuel used to started the fire was diesel, according to previous testimony.

John Barron, a Bangor-area auto mechanic with 40 years experience, was called to the stand Tuesday morning by Daluz’s attorneys. Barron said that if diesel fuel had been put in the gas tank of Sexton’s rental car, he could not have driven it all the way to 22 Target Industrial Circle in Bangor.

Closings by the defense will be presented after lunch. Jurors are to begin deliberating after instructions from Superior Court Justice William Anderson.


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